Yvonne asked:
I’ve lived in the states since I was 12. I have a green card, am married and have to american-born kids. I started my naturalization process last year and received an interview date. I had to cancel because my husban’s job forced us to leave the country for a few months. I wrote INS a letter informing them of this move and asked to put my stuff on hold. When we returned, I wrote another letter asking them to reschedule my appointment. I’ve been waiting for months. I called them today and they say they never received any of my letters. They said I should go to my local INS office and see what’s going on. I plan on doing this, but I’m wondering if the application can run out? I’ve already sent them my $400 or whatever it was. Does it expire in a certain time period if nothing is done?
We only left for 3 months and I’ve accumulated over 15 years in the states.
Tags: Appointment, Green Card, Ins, Naturalization Process, Time PeriodI’ve lived in the states since I was 12. I have a green card, am married and have to american-born kids. I started my naturalization process last year and received an interview date. I had to cancel because my husban’s job forced us to leave the country for a few months. I wrote INS a letter informing them of this move and asked to put my stuff on hold. When we returned, I wrote another letter asking them to reschedule my appointment. I’ve been waiting for months. I called them today and they say they never received any of my letters. They said I should go to my local INS office and see what’s going on. I plan on doing this, but I’m wondering if the application can run out? I’ve already sent them my $400 or whatever it was. Does it expire in a certain time period if nothing is done?
We only left for 3 months and I’ve accumulated over 15 years in the states.
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Do you have copies of the letters you sent? It shouldn’t, and it matters because the cost has gone up. If it looks like you didn’t show up and it ‘lapsed’ they may argue you have to start over. I suspect they don’t have hard and fast rules on this yet. Pick a kind looking person to ask.
Basically you abandoned your application process. There is an actual form you need to fill out when you leave the country. As a LAPR, you cannot leave the country for extended periods w/out the INS authorizing this leave. Remember, there are many people who want to be in the U.S. and stay here. Also, while you leave the states, you cannot accumalate time to meet your necess. 5 or 7 yrs of residency to accomplish citizenship requirements.
If you leave the country (for any reason) during the naturalization process – or even the permanent resident process, or a change-in-visa-status process – the government can toss your application into the junk pile because you have “… exhibited an intent to not remain in the country…”
This would mean you would have to start whatever process you were involved in from the beginning again, including payment of all fees.
That being said – there are certain conditions that are taken into account (during visa status changes, at least). These occur when a sponsoring company requires their employee to leave for business reasons (in which case, it’s the company that has to make the statement, and the employee which has to get it agreed to by the local INS before leaving the country).
With regard to your specific instance; there will likely be little sympathy for your case. YOU weren’t required to leave the country because of your job … your husband was. You chose to accompany him abroad – which says (to INS) that you have more important things to do than ecome a citizen.
If you haven’t submitted the appropriate INS forms and documentation (I forget what the number is for this whole ‘dispensation’ thing), you don’t have a leg to stand on. The instructions (by INS) are clear – use their forms as primary documentation. Anything you want to add may be considered (personal letters, etc) .. but the forms are a must.